| Date: | 01/19/2018 |
|---|---|
| Organization: | Appeals Court |
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Decision Commonwealth v. Cole C., a juvenile
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Commonwealth v. Cole C., a juvenile
Commonwealth v. Cole C., a juvenile
Appeals Court, January 19, 2018
(Juvenile/Jurisdiction)
The Commonwealth may seek youthful offender indictments against individuals between their eighteenth and nineteenth birthdays (for offenses allegedly committed prior to their turning eighteen).
In Commonwealth v. Mogelinski, 466 Mass. 627 (2013), the Court held that youthful offender indictments cannot be issued against an individual once he or she turns eighteen, regardless of whether a delinquency complaint was pending at that time. In 2013, prior to the Mogelinski decision, the Legislature extended the Juvenile Court jurisdiction by increasing the age of a juvenile from seventeen to eighteen years old; however, the Court in Mogelinski applied "the statutory scheme as it existed at all relevant times prior to this amendment." The Appeals Court was asked to resolve the issue.
In terms of the meaning of “apprehended” under G.L. c. 119, § 72A, the court reiterated that “the commencement of process after an indictment marks a new point of apprehension, distinct from any apprehension on delinquency complaints." Commonwealth v. Mogelinski, 466 Mass. 627 (2013).